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AR HB1139

Bill

Status

Failed

5/17/2013

Primary Sponsor

Jody Dickinson

Click for details

Origin

House of Representatives

89th General Assembly (2013 Regular)

AI Summary

  • Public utilities must provide surface owners at least 30 days' written notice via certified mail before exercising rights under easements, including proposed location, access route, start date, and contact information.

  • Surface owners may select preferred access routes and locations within 30 days that may increase utility costs, but cannot select routes that make easement exercise geographically or geologically impossible.

  • Once an access route is established, it applies to all future easement exercises unless both parties agree in writing to change it or follow the redesignation procedure.

  • Violations by public utilities constitute a Class A misdemeanor and entitle surface owners to recover twice the amount of damages caused by the violation.

  • The notice and access designation requirements do not apply when utilities exercise easement rights through public access without crossing private property.

Legislative Description

Concerning Access To A Public Utility Easement; To Designate The Means Of Access; And To Provide Penalties.

Last Action

Died in House Committee at Sine Die adjournment.

5/17/2013

Committee Referrals

Insurance and Commerce1/28/2013

Full Bill Text

No bill text available